In determining compensation for partial disability, except permanent partial disability compensable under sections 8107–8109 of this title, the wage-earning capacity of an employee is determined by his actual earnings if his actual earnings fairly and reasonably represent his wage-earning capacity. If the actual earnings of the employee do not fairly and reasonably represent his wage-earning capacity or if the employee has no actual earnings, his wage-earning capacity as appears reasonable under the circumstances is determined with due regard to—
the nature of his injury;
the degree of physical impairment;
his usual employment;
his age;
his qualifications for other employment;
the availability of suitable employment; and
other factors or circumstances which may affect his wage-earning capacity in his disabled condition.
Section 8114(d) of this title is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.
Pub. L. 89–55480 Stat. 542(, , .)
|
Historical and Revision Notes |
||
|---|---|---|
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| ||
|
| |
|
| Sept. 13, 1960, Pub. L. 86–767, § 204, 74 Stat. 908. |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.